Mandi Kay Carter City Attorney of Charleston. August 8,2016

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1 oa/oa/zo~e ie:~o 1917 P.O01/005 k, OFFICE OF THE CITY ATTORNEY Cily of Chnrlt,ston I P.0. Box 2749, Cl~arlcsron w\' I X-R031 Lz' I t t e I. ' s 113 x : (1 i 7 I1 I W ri t e I ' s e* m ai 1 : ma n d i. c a I t r I 63c i t v o f c 11 a I. I e s ton, o rg Mandi Kay Carter City Attorney of Charleston August 8,2016 VIA FACSIMILE Ingrid Ferrell Executive Secretary Public Service Commission Re: CASENO W-P WEST VIRGINIA-AMERICAN WATER COMPANY Petition for approval of a 2017 Infrastructure Replacement Program Surcharge Mechanism Dear Ms. Ferrell: Please find attached for filing a letter in response to the Commission's Order of July 28, 2016 on behalf of City, Staff, CAD, SWVA, Ine.,WVEUG, KCC, and KCRDA in the above-referenced matter. An original and 12 copies will be filed by hand tomorrow and served on all parties of record. Sincerely, MKCIsde cc: parties of record Assistant City Attorney of Charleston

2 OFFICE OF THE CITY ATTORNEY Cilv of Chavlrslon I P.0. Box Charlcslan WV I 3ll4-14S.Sn31 W r I I P s Fa x : 3 0 i P - O W I i 1 ti I 5 e XI) ai 1 : rn a LI d i. cart e t 1 o fr h a r I c 5 ton. D re Mandi Carter Assistant City Attorney of Charleston August 8,2016 Ms. Ingrid Ferrell Executive Secretary Public Service Commission of West Virginia Re: CASE NO W-P WEST VIRGINIA-AMERICAN WATER COMPANY Petition for approval of a 2017 Infrastructure Replacement Program Surcharge Mechanism Dear Ms. Fernell, This letter is written on behalf of the City of Charleston ( City), the Staff of the Public Service Commission ( Staff ), the Consumer Advocate Division ( CAD), the Kanawha County Commission ( KCC ), the Kanawha County Regional Development Authority ( KCRDA ), SWVA, Inc., and the West Virginia Energy Users Group ( WVEUG ) (collectively, the Parties. ) The Parties wish to first restate the position taken in their August 31d Molion io Temporarily Suspend Case Proceedings, filed by the City, KCC, and KRD, Response in Support of Motion to Temporarily Suspend Case Proceedings, filed August 4 by SWVA, Inc, WVEUG, and CAD, and Letter in Support of the Motion to Temporarily Suspend Case Proceedings filed by Staff on August 51h. The Parties believed at the time oftheir respective filings and continue to believe that a temporary (not indefmite) suspension or stay of this matter until at least the State of Emergency is lifted in all counties located in WVAW s service area is not only in the best interest of the public, but also all parties to this proceeding, including WVAW. Additionally, the Joint Motion for Procedural Schedule was filed by the Parties on July 14, less than three weeks prior to the filing of the Morion IO Temporarily Suspend Case Proceedings on August 3 *, As the weeks progressed and more damage was reported, more deaths were documented, and more businesses were deemed a total loss, the magnitude and severity of loss to the community became evident.

3 08/08/2016, 631 #SI7 P In the absence of a ruling by the Commission on the Morion lo Temporarily Suspend Case Proceedings and in 3. good faith effort to comply with the Commission's July 28, 2016 Order, undersigned counsel request that the Commission set a hearing date in this matter for November 2-3,2016. These dates were originally proposed by the Parties in their Joint Motion for Procedural Schedule, filed July 14, While WVAWs proposed schedule filed July 14, 2016 requested a hearing date of August 23-24, but no later than September 26-27, it appears that as of today, WVAW is now amenable to the November 2-4 hearing dates proposed by the Parties. Respecthlly submitted, City of Charleston Paul D. Ellis (WV State Bar #8726 THE CITY OF CHARLESTON 501 Virginia Street, East Phone: (304) Fax: (304) mandi.carter@,ci tyofcharleston.org SWVA, Inc. Staff of the Public Service Commission Consumer Advocate Division West Virginia Energy Users Group 2

4 08/08/20,6 16: 11 *9,7 P.O04/005 Kanawha County Commission and Kanawha County Regional Development Authority 3

5 From: CERTIFICATE OF SERVICE 1, Mandi Carter, counsel to the City of Charleston, do hereby certify that on this 9'h day of August 9, 2016, a copy of the foregoing letter in response to the Commission's July 28, 2016, Order was served upon the parties and/or counsel of record in this proceeding by U.S. Mail, first class, postage prepaid as follows: Wendy Braswell, Esq. Staff Attorney Public Service Commission of West Virginia Counsel for Commission Staff David A. Sade, Esq. Consumer Advocate Division 700 Union Building 723 Kanawha Boulevard, East Counsel for Consumer Advocate Division Lee F. Feinberg, Esq. Spilman, Thomas & Battle, PLLC 300 Kanawha Blvd, East Counsel for SWA Christopher L. Callas, Esq. Stephen N. Chambers, Esq. Nicklaus A. Presley, Esq. Jackson Kelly, PLLC P.O. Box 553 Charleston, WV Counsel for West Virginia-American Water Company Andrew T. Gunnoe, Esq. Deputy County Manager & Fiduciary Supervisor Marc I. Slotnick, County Attorney Kanawha County Commission P.O. Box 3627 Charleston, WV Counsel for Kanawha County Commission and Kanawha County Regional Development Authority Susan J. Rigs, Esq. Spilman, Thomas & Battle, PLLC P.O. Box 273 Charleston, WV Counsel for West Virginia Energy Users Group